AS MY OPT ENDED ON JUNE 26TH AND I JOINED COLLEGE ON 19 AGUST TILL OCTOBER. THAN I START WORKING ON H1-B WITH OUT I-94. WHEN I CONTACT USICS THEY TOLD ME THEY MADE MISTAKE AND THEY WILL BE SENEDING SOON. AFTER A MONTH  I CALL THEM THEY ASKED ME TO FILE PETATION FOR I-94. I FILED ON  10TH JAN. THEY ASKED THE I-20S  AND I SEND THEM AND THEY SAID THEY NEED PROOF I WENT TO SCHOOL TILL MY PETATION. BUT I NEVER WENT AFTER OCT 1ST. NOW THEY DENIED MY I-94 AND MY COMPANY IS ASKING ME TO GO BACK HOME FOR STAMPING. REALLY NEED YOUR HELP.

THANKS IN ADVANCE.

IS THIS TRUE?????

1. Around June 2006-->You graduated

2. June 26, 2007-->EAD expired

3. 60 days grace period took you upto August 26, 2007

4. But you joined new college (got new I 20) on August 19, 2007

5. Maintained status until October 1st 2007

7. Started working as H1 since October 1st 2007 (without I 94)

8. Around November/December, you called them....and they told you they did mistake.........told you to file for petition. 

9. Petition for I 94 filed on 10th January

10. I 94 denied around February/March and ...........

11. Your employer/Attorney told you to go to Nepal for stamping............

12. and now you are in great delimma........................

13. and need really Great Help..................

I am in the same kinda situation this year.. I am going to file my H1B this april(Master's quota). I hope i will get one . My opt expires on may 12th ,,i am going to start my class from june 2nd till october. Since I don't think i will be able to send my new I-20 to USCIS this april,, which means USCIS won't send me new I-94 if my H1B gets approved. My question is ,, Is it mandatory to go out of USA before october 1st to have my H1B effective,, or I  can just go anytime later on to any country outside USA and get H1B stamped... I don't know about this situation..If any of sajhaites can suggest me something it would be great @ this dire situtation..

THanks

hey go-getter,

i'm also in the same situation...we can expect one thing even if h-1b get approved ...i94 missing......so, even if u try, u can't send new i20 on april1....so prepare for that as far as i know

silience43,

 So what can be the solution of this,,? or just wait for the time and go to mexico or canada to get STAMPED

I am exactly at same situation(OPT expires May31st). I am getting just a admission acceptance letter for Summer 2008 which is going to be started from June 04. But can we get new i-20 now? If they issue new i-20 rightnow, then our OPT will be gone.

1. That's why, for now i am just submitting one admission letter as an evidience for maintaining a gap.

2. i will issue a new i-20 from June 1st.

Do u guys know anything more ????????????????

Sansar1,

My case is also same.

Can we get I-94 if we send only Acceptance Letter along with the H1B application?

Anyone who knows in detail about this issue?

Thanks.

Hello Dongdong,

Your case seems little complicated -- when USCIS approved your h1b -- did they approve it for consulate processing or just sent the approval without I-94. Usually change of status from F to H gets denied if you fail to provide the proof that you have extended your I-20 once OPT expires at the time filing H1B. in your case it seems like I-20 extension beyond expiration of OPT was not submitted at the H1B petition and USCIS might have denied the change of status and approved it for Consulate processing. It is weird that you did not get the I-20 with approved change of status.... usuall you will see on bottom right side of 797C(approval notice).

You werent supposed to work if you did not have the valid I-94 as i-94 is the one which determines your current status inside the US. in this case, you will have to get a immediate help from license immigration attorney and see what they say. Longer u stay with out valid i-94 in this country, more you can get in trouble.

Besides, do not go to foreign consulate with checking with attorney as there could be a serious effects. There are bunch of nepalese Attorneies also who can advise you in this matter. Consualte could deny your h1b petition citing that your worked and stayed in US illegaly..... you might need to file a waiver for that.

or at least try to amened the H1B as soon as again and see if you can another h1B with I-94

Thanks

Hello Dongdong,

Your case seems little complicated -- when USCIS approved your h1b -- did they approve it for consulate processing or just sent the approval without I-94. Usually change of status from F to H gets denied if you fail to provide the proof that you have extended your I-20 once OPT expires at the time filing H1B. in your case it seems like I-20 extension beyond expiration of OPT was not submitted at the H1B petition and USCIS might have denied the change of status and approved it for Consulate processing. It is weird that you did not get the I-20 with approved change of status.... usuall you will see on bottom right side of 797C(approval notice).

You werent supposed to work if you did not have the valid I-94 as i-94 is the one which determines your current status inside the US. in this case, you will have to get a immediate help from license immigration attorney and see what they say. Longer u stay with out valid i-94 in this country, more you can get in trouble.

Besides, do not go to foreign consulate with checking with attorney as there could be a serious effects. There are bunch of nepalese Attorneies also who can advise you in this matter. Consualte could deny your h1b petition citing that your worked and stayed in US illegaly..... you might need to file a waiver for that.

or at least try to amened the H1B as soon as again and see if you can another h1B with I-94

Thanks